Recent Telemarketing Sales Rule Opinions
(2003 to Present)
The Division of Marketing Practices periodically issues informal staff advisory opinions in response to requests for interpretation of the Telemarketing Sales Rule. These opinions are issued, pursuant to Rules 1.1 - 1.4 of the Commission’s Rules of Practice, 16 C.F.R. §§ 1.1 - 1.4, in response to questions of general public interest.
- Opinion 10-2
Discusses whether the transfer of a consumer-initiated call to a prerecorded message is restricted by Telemarketing Sales Rule provisions concerning outbound telephone call initiated to deliver a prerecorded message.
- Opinion 10-1
Discusses whether prerecorded messages to customers regarding the availability of free services for a limited time period is telemarketing under the Telemarketing Sales Rule.
- Opinion 09-1
Discusses applicability of TSR restrictions on the use of prerecorded messages in telemarketing to technology that enables call agents to respond to the recipient of a call by substituting audio recording of a response for the call agents' own voice.
- Opinion 08-1
Discusses the interplay between the recordkeeping requirements of the Telemarketing Sales Rule and the Do Not Call and Call Abandonment “safe harbor” provisions.
- Opinion 07-1
Discusses the application of the Telemarketing Sales Rule to a proposed business plan involving the sale of automobile service contracts.
- Opinion 06-2
Discusses the application of the Telemarketing Sales Rule's "Established Business Relationship" exemption to an Internet-based lead generation mechanism.
- Opinion 06-1
Discusses the practice of upselling and certain exemptions to the Telemarketing Sales Rule.
- Opinion 04-1
Discusses the application of the Telemarketing Sales Rule’s Fee Rule provision to independent or franchised agents of a company.
- Opinion 04-2
Discusses access to the National Do Not Call Registry by members of the market or opinion research industry.
- Opinion 03-1
Discusses the applicability of the Telemarketing Sales Rule to third-party telemarketing companies hired by an insurance company to sell insurance products.